FidelityEHR Behavioral and Integrated Health Record Software
Terms & Conditions of Use This Agreement is between FidelityEHR LLC (“FidelityEHR”) and you (“you”, “your” or the “User”), and governs your access to and your use of the FidelityEHR Behavioral and Integrated Health Record Software (the“FidelityEHR Software”) by you.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING AND USING THE FidelityEHR SOFTWARE, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT. 
1.FidelityEHR makes the FidelityEHR Software available as “Software-as-a-Service” or “SaaS” under an agreement with the “Client”. FidelityEHR is an Application Service Provider or “ASP” which licenses the FidelityEHR Software and provides access to FidelityEHR Software accessed through an Internet connection to a FidelityEHR website.
2.The FidelityEHR Software is licensed, not sold. Under this Agreement, FidelityEHR grants you limited and non-exclusive license to access and use the FidelityEHR Software. You do not have any other rights under this Agreement.
3.This Agreement becomes effective as soon as you have access to FidelityEHR Software through the ASP, regardless of whether FidelityEHR Software is in fact accessed, information input, documents uploaded or records created.
4.This Agreement will remain in effect for so long as you have access to FidelityEHR Software, either through the ASP or any of the ASP’s successors or assigns.
5.FidelityEHR reserves the right to update and change the terms and conditions of this Agreement from time to time without notice. If you continue to access and use the FidelityEHR Software after any such updates or changes, your access and use will constitute your consent to continue to be bound by the updated or changed Agreement.
6.FidelityEHR , in its sole discretion, has the right to suspend or terminate your access and use of the FidelityEHR Software and refuse any and all current or future access and use of the FidelityEHR Software, for any reason at any time. FidelityEHR also reserves the right to refuse access to the FidelityEHR Software to anyone for any reason at any time. Violation of any of the terms and conditions in this Agreement will result in the immediate termination of your access to and use of the FidelityEHR Software.
7.You can review the most current version of this Agreement at any time at:https://my.fidelityehr.com/Policies/TermsOfUse.aspx
8.Any revisions, modifications, and new features that augment or enhance the current FidelityEHR Software, including the release of new tools and resources, shall be subject to the version of this Agreement in effect at the time such a change is made.
9.To register for access to the FidelityEHR Software:a.You must be a human. Accounts registered by “bots” or other automated methods are not permitted.b.You must provide your legal full name, a valid, permanent email address that you own, and any other information requested in order to complete the signup process, whether you sign up yourself or you are signed up by your organization.c.You must agree that your login may only be used by one person – you. A single login shared by multiple people is not permitted.d.You must agree that you are responsible for maintaining the security of your account and password. FidelityEHR cannot and will not be liable for any loss or damage from your failure to comply with this security obligatione.You are responsible for all Content posted and activity that occurs under your account.f.You may not use the FidelityEHR Software for any illegal or unauthorized purpose. You must not, in the access and use of the FidelityEHR Software, violate any laws in your jurisdiction (including but not limited to copyright laws). 
10.The SaaS agreement between FidelityEHR and the Client may include obligations for FidelityEHR to retain, store, backup or make available some or all of the information, documents or record information that is input or created through use of the FidelityEHR Software (collectively, the “Data”). However that obligation is between FidelityEHR and the Client. Unless state or federal law specifically makes FidelityEHR responsible, FidelityEHR has no other obligations to retain, store, backup or make available some or all of the Data. FidelityEHR may, at its discretion, retain copies of such information for legal and archival purposes. Notwithstanding the foregoing, FidelityEHR does not claim any intellectual or proprietary rights in or to any Data. An individual’s behavioral and integrated health record data and files uploaded to the document repository within FidelityEHR Software record files remain the property of that individual.
11.FidelityEHR is dedicated to establishing relationships with Users based on respect for personal identity and information. FidelityEHR will not share or divulge any personal or identifying information it may acquire unless required to by law or a court of competent jurisdiction, or with your prior consent. FidelityEHR has taken reasonable steps to insure that the information input or uploaded into FidelityEHR Software will remain secure, and both state and federal laws may apply to the security of that information. However, the security of a User’s information is dependent on a number of factors, many of which are beyond the control of FidelityEHR, such unencrypted transmissions over various networks and certain third-party changes to conform and adapt to technical requirements of connecting networks or devices. Therefore, FidelityEHR does not warrant or guarantee that a User’s information cannot be erased, downloaded, viewed or otherwise accessed by third parties.
12.Where applicable and when a part of a signed SaaS agreement between FidelityEHR and the Client, youmay have the ability to (or be required to) access the FidelityEHR Software via an API (ApplicationProgram Interface). Any use of the API, including use of the API through a third-party product that accessesthe FidelityEHR Software, is bound by the terms of this Agreement plus the following specific terms:a.You expressly understand and agree that FidelityEHR shall not be liable for any direct, indirect,incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits,goodwill, use, data or other intangible losses (even if FidelityEHR has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.b.Abuse or excessively frequent requests to FidelityEHR via the API may result in the temporary orpermanent suspension of your account's access to the API. FidelityEHR in its sole discretion, will determine abuseor excessive usage of the API. FidelityEHR will make a reasonable attempt via email to warn the account ownerprior to suspension.c.FidelityEHR reserves the right at any time to modify or discontinue, temporarily or permanently, youraccess to the API (or any part thereof) with or without notice.
13.You are fully responsible for the use of FidelityEHR Software, the information input or uploaded intoFidelityEHR Software, for reviewing and monitoring such information, and for allowing access to suchinformation by third parties. FidelityEHR is not responsible for any errors, omissions, or misinformationstored in or displayed by FidelityEHR Software. The use of FidelityEHR Software is subject to allapplicable local, national and international laws and regulations. You agree (1) not to use FidelityEHRSoftware for any illegal purposes, (2) not to upload, input or post any information or other content that violatescopyright or other intellectual property laws, (3) not to interfere with or disrupt networks used to connect to theASP or to access FidelityEHR Software, (3) to comply with all of the policies, procedures, term and conditionsgoverning the networks used to connect to the ASP or to access FidelityEHR Software,(4) not to transmit anyunlawful, harassing, libelous, abusive, threatening, vulgar, obscene or otherwise objectionable material ofany kind. If FidelityEHR believes that you, your information, a User or a User’s information may createa liability for FidelityEHR or compromise or disrupt the use of FidelityEHR Software, FidelityEHRreserves the right to, in its sole discretion and without notice, remove such information from FidelityEHRSoftware, suspend or terminate your access to the FidelityEHR Software and/or terminate this Agreement.
14.You must obtain and pay for all equipment and third-party services required for you to access FidelityEHRSoftware, and you are responsible for all charges and expenses related to such equipment and third-partyservices.
15.FIDELITYEHR SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND FIDELITYEHRMAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THEUSABILITY, CONDITION OR OPERATION OF FIDELITYEHR SOFTWARE. FIDELITYEHR DOESNOT WARRANT THAT ACCESS TO OR THE USE OF FIDELITYEHR SOFTWARE WILL BEUNINTERRUPTED OR ERROR-FREE, OR THAT FIDELITYEHR SOFTWARE WILL MEET ANYPARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. FIDELITYEHR EXPRESSLYDISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIESOF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. FIDELITYEHR HAS NOTAUTHORIZED ANYONE TO MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDINGFIDELITYEHR SOFTWARE AND ANY SUCH STATEMENTS BY A THIRD PARTY SHOULD NOTBE INTERPRETED AS SUCH.
16.USE OF FIDELITYEHR SOFTWARE IS AT YOUR RISK. YOU ASSUME FULL RESPONSIBILITYAND RISK OF LOSS RESULTING FROM THE USE OF FIDELITYEHR SOFTWARE AND THE INPUTOR UPLOADING OF ANY INFORMATION INTO FIDELITYEHR SOFTWARE. YOU AGREE THATFIDELITYEHR WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIALDAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USEFIDELITYEHR SOFTWARE, AND ANY CLAIMS WITH RESPECT THERETO ARE HEREBY WAIVED,WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF FIDELITYEHR HASBEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
17.FIDELITYEHR IS NOT RESPONSIBLE IN ANY WAY, EITHER DIRECTLY ORINDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHICH COULD LEAD TO THEINTERRUPTION OF ACCESS TO FIDELITYEHR SOFTWARE, INCLUDING, WITHOUT LIMITATION,OUTAGES OR DEGRADATION OR FAILURE OF TELECOMMUNICATION SERVICES, AND OTHER CIRCUMSTANCES BEYOND FIDELITYEHYR’S CONTROL.
18.All programs, software, processes, designs, technologies, trademarks, trade names, inventions and materialscomprising FidelityEHR Software are wholly owned by FidelityEHR. No title or interest in FidelityEHRSoftware is granted hereby. You agree that you will not, nor attempt to, reproduce, download, access, hack,reverse engineer or otherwise misappropriate FidelityEHR Software. Neither you nor any User may physicallyor electronically transfer any part of FidelityEHR Software, including screen images and other graphicalinformation to any CPU or server, or otherwise reproduce, duplicate, copy, sell, resell or exploit any portion ofthe FidelityEHR Software, use of the Software, or access to the Service without the express written permission ofFidelityEHR.The FidelityEHR Software is Copyright 2015 by Accountability Solutions, Inc., and licensedexclusively by FidelityEHR, LLC. It is protected under both domestic and international copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. All rights reserved. 
19.This Agreement is governed by the substantive law of the State of the Client, United States of America,without regard to its statutes concerning conflicts of laws. The venue for any dispute arising under this Agreementis in the United States District Court for the Commonwealth of Virginia, Northern District. If any provision ofthis Agreement is held by a court of competent jurisdiction to be invalid, the remaining provisions will remain infull force and effect. The failure of FidelityEHR to exercise or enforce any right or provision of thisAgreement shall not constitute a waiver of such right or provision This Agreement may be modified only byFidelityEHR which may change its terms at any time without notice. This Agreement represents the onlyagreement between you and FidelityEHR.
20.Questions about this Agreement should be sent to info@fidelityehr.org. Technical support for theFidelityEHR Software is provided by the Client.